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F1 student grad had a baby get green card or working papers

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  • F1 student grad had a baby get green card or working papers

    Can a F1 student get green card, who graduated from a university and granted OPT but could not work due to having a baby and complications.
    The baby was born here in the US and they are both currently in the US. Looking for directions.

    Thanks

  • #2
    Originally posted by nbj12 View Post
    Can a F1 student get green card, who graduated from a university and granted OPT but could not work due to having a baby and complications.
    The baby was born here in the US and they are both currently in the US. Looking for directions.

    Thanks
    No. Not until the baby turns 21.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Congratulations on the little one. If the F-1 student - despite being out of status - plans to marry her US citizen spouse and apply for adjustment of status, the fact that she had a baby will not be an impediment to getting a green card

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      • #4
        Originally posted by nbj12 View Post
        Can a F1 student get green card, who graduated from a university and granted OPT but could not work due to having a baby and complications.
        The baby was born here in the US and they are both currently in the US. Looking for directions.

        Thanks
        Congratulations on your baby! If you do not mind me asking, are you 100% sure that you are already out of status? I am asking because my spouse was also F-1, got OPT through STEM and was not aware of the fact that his 90 days of unemployment started on the day that his EAD was issued. After that, then there is a 60 day grace period to leave the country.

        If you are still within the time frame to find employment, remember that the definition of employment is very flexible. We learned this after the fact, and realized too late that we could have been more creative. If you majored in English, you could report being self-employed as an English tutor; or as an unpaid volunteer teacher of English for Speakers of Other Languages. The requirements for STEM are a bit more stringent, though. However, as long as you report "something", you are buying yourself time to find employment that lines up better with your field of study.

        Best of luck!

        Comment

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